A business owner had 23 full-time employees working for her company, many of whom had been there for several years. The business owner noticed that some employees were gaining weight and seemed to move about more slowly than they had in previous years. In an effort to support her employees in improving and maintaining their health, she decided to buy any of them a bicycle if the worker would commit to riding the bicycle as a form of exercise at least 15 miles per week. She sent out a company memo informing her employees of this bonus and fun benefit and asked any workers who were committing to the 15 miles per week bicycling program to meet her at the locally-owned mountain bike shop that Sunday at about 1:00 p.m. One of her newest employees was glad to learn of the 15-miles-per-week bicycling for exercise program because he already biked to and from work daily, barring inclement weather. In fact, it was his example that had influenced and impressed the business owner to institute the new company bicycling program. The following Sunday, the new employee rode his 10-speed bike to the mountain bike shop, arriving at 12:55 p.m. He saw the business owner there and waved hello to her. However, since the business owner was busy talking with several other employees who were also in the shop, the new employee locked up his bicycle and strolled through the shopping center for a few minutes until the other employees had left the store. Once he returned to the mountain bike shop at 1:05 p.m., the new employee asked the business owner for his free bike. The business owner told him that he did not qualify for the free bicycle offer since he already owned a bike and rode it to work. The business owner further stated that since the employee had been late arriving at the bike shop, he did not meet the timing condition of the company offer. In a suit brought by the employee to recover the bonus mountain bike, which party is likely to prevail?

单项选择题

A business owner had 23 full-time employees working for her company, many of whom had been there for several years. The business owner noticed that some employees were gaining weight and seemed to move about more slowly than they had in previous years.
In an effort to support her employees in improving and maintaining their health, she decided to buy any of them a bicycle if the worker would commit to riding the bicycle as a form of exercise at least 15 miles per week. She sent out a company memo informing her employees of this bonus and fun benefit and asked any workers who were committing to the 15 miles per week bicycling program to meet her at the locally-owned mountain bike shop that Sunday at about 1:00 p.m.
One of her newest employees was glad to learn of the 15-miles-per-week bicycling for exercise program because he already biked to and from work daily, barring inclement weather. In fact, it was his example that had influenced and impressed the business owner to institute the new company bicycling program.
The following Sunday, the new employee rode his 10-speed bike to the mountain bike shop, arriving at 12:55 p.m. He saw the business owner there and waved hello to her. However, since the business owner was busy talking with several other employees who were also in the shop, the new employee locked up his bicycle and strolled through the shopping center for a few minutes until the other employees had left the store.
Once he returned to the mountain bike shop at 1:05 p.m., the new employee asked the business owner for his free bike. The business owner told him that he did not qualify for the free bicycle offer since he already owned a bike and rode it to work. The business owner further stated that since the employee had been late arriving at the bike shop, he did not meet the timing condition of the company offer.
In a suit brought by the employee to recover the bonus mountain bike, which party is likely to prevail?

A．(A) The business owner, because there is substantial evidence that her offer did not induce the employee to commit to bicycling at least 15 miles per week for exercise.
B．(B) The business owner, because the employee failed to arrive at the store on time.
C．(C) The employee, under a quasi-contract theory.
D．(D) The employee, because his motives are irrelevant and he arrived at the mountain bike store to get a bike for the company’s exercise program.

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